Little v King

Landlord wins · Hamilton · 2024-08-08

Adjudicator

Joy Xiao

Dispute

Personal Use

Notice

Personal use (N12)

Amount

<$5K

Landlord

S.T.L.

Tenant

W.B.K.

Landlord rep

V. Palumbo

Tenant rep

M. Menzildzic

What happened

The Landlord applied to terminate the tenancy for personal use (N12), stating he needed the unit for himself, his girlfriend, and her child due to poor living conditions at his current residence and health issues. The Tenant disputed the Landlord's good faith, alleging the true motive was to re-rent the unit at a higher price. The Board found the Landlord's intention genuine and granted the application but postponed the eviction.

The ruling

The Board granted the Landlord's application to terminate the tenancy for personal use. However, considering the Tenant's long-term residency, age, limited income, and community ties, the Board exercised its discretion under s.83 of the RTA to postpone the eviction. The tenancy is terminated effective October 31, 2024. The Landlord is ordered to return the Tenant's rent deposit of $575.00 plus $21.39 in interest, but can deduct daily compensation of $21.04 for each day the Tenant occupies the unit starting from July 1, 2024.